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Women’s Leadership in Islamic Law: Between Normative Foundations and Contemporary Realities Chika Praska Anggraini; Darul Akbar; M. Fijar Ishlahul Ummah
NUSANTARA: Journal Of Law Studies Vol. 3 No. 1 (2024): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17366381

Abstract

This article examines the concept of women’s leadership within the framework of Islamic law, with a focus on the intersection between normative foundations and contemporary realities. Historically, discussions on imāmah al-mar’ah (female leadership) were dominated by classical jurists, whose interpretations often reflected the patriarchal structures and socio-political contexts of their time. However, with the evolution of modern Muslim societies and the rise of gender justice discourse, these interpretations require renewed contextualization. Using a qualitative-descriptive method through library research and comparative textual analysis, this study examines the arguments of prominent classical scholars such as al-Māwardī, Ibn Ḥazm, and al-Ghazālī, alongside contemporary reformists including Fazlur Rahman and Amina Wadud. The analysis employs hermeneutical reasoning and the maqāṣid al-sharī‘ah framework to explore the flexibility of Islamic legal interpretation. The findings reveal three key points. First, classical prohibitions on women’s leadership were more sociological than theological, rooted in historical contexts rather than immutable divine injunctions. Second, when assessed through the lens of maqāṣid al-sharī‘ah,women’s leadership aligns with the higher objectives of justice (al-‘adl), benefit (maṣlaḥah), and human dignity. Third, contemporary interpretations suggest a shift from gender-based exclusion to competence- and morality-based inclusion, enabling greater participation by women in political, social, and religious leadership. The study’s academic contribution lies in proposing a maqāṣid-based reinterpretation model that bridges textual orthodoxy with modern gender realities. This framework enriches Islamic legal scholarship by demonstrating that Shariah is not static butadaptive, capable of supporting egalitarian leadership principles that respond to the ethical and social demands of the modern era.
Fiqh Tolerance in a Contemporary Context: The Response of State Islamic Religious University Students to Religious Extremism Supardi Mursalin; Hamdan; Robeet Thadi; Mohamad Salik; M. Fijar Ishlahul Ummah
MILRev: Metro Islamic Law Review Vol. 3 No. 2 (2024): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v3i2.9866

Abstract

This study examines the application of fiqh tolerance in State Islamic Higher Education Institutions (PTKIN) within the context of contemporary challenges. The research focuses on student responses to religious extremism in Indonesia, which has become increasingly relevant in the era of digital media and globalization. This field study uses data collection methods, including interviews and documentation. Three key findings emerged from this study. First, most students firmly reject religious extremism, although a minority still supports it due to misinformation and the influence of narratives spread through digital media. Second, extremist recruitment strategies in PTKIN are carried out through religious activities, social media, and the dissemination of extremist ideologies through various channels, such as books, journals, and financial support, which have become more sophisticated using information technology. Third, preventive measures involve strengthening academic and non-academic understanding, including integrating religious moderation values into the curriculum, conducting seminars and training, and empowering student organizations to build resilience against extremism within the PTKIN environment. The academic contribution of this study lies in aligning fiqh tolerance with contemporary challenges, particularly in dealing with digital-based extremism, which has become more complex. This research offers a new perspective by integrating religious and social approaches to raise collective awareness among students at PTKIN. Furthermore, the findings enrich academic discourse by providing concrete recommendations for strengthening curricula based on religious moderation and developing adaptive preventive strategies in response to social and technological changes. This makes the study theoretically and practically relevant in creating a more inclusive and resilient higher education environment.
MAṢLAḤAH, TRANSPARENCY, AND ASSET PROTECTION: A STUDY OF INVESTOR PROTECTION IN THE ISLAMIC CAPITAL MARKET WITHIN CONTEMPORARY SHARIA FINANCIAL FATWAS Muhammad Fahmi Ardian; Akhmad Muhaini; Achmad Nursobah; M. Fijar Ishlahul Ummah
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 8 No. 1 (2026): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol8.iss1.art9

Abstract

Purpose - This study aims to analyze the construction and application of the principles of maṣlaḥah, transparency, and asset protection in contemporary Islamic finance fatwas, with a focus on DSN-MUI Fatwa No. 157/DSN-MUI/A/IU/2024 regarding the protection of investor assets in the Islamic capital market. This study evaluates how the limits of maṣlaḥah according to Sheikh Said Ramadhan al-Bûthî are operationalized within the normative framework of fatwas, as well as their implications for strengthening the principles of transparency and investor protection. Methods - This research is a literature review employing a descriptive-analytical approach. The primary sources consist of the text of DSN-MUI Fatwa No. 157/DSN-MUI/A/IU/2024 and the work of al -Bûthî, namely “Dhawâbith al-Maslahah fi al-Syari‘ah al-Islamiyyah,” which are analyzed based on the five parameters of maṣlaḥah and the principle of ḥifẓ al-māl within the framework of the maqashid al-shari‘ah. Findings - DSN-MUI Fatwa No. This is reflected in regulations that emphasize the segregation and protection of investor assets, the strengthening of transparency principles in fund management, and oversight of potential deviations. This fatwa explicitly closes loopholes in practices leading to usury (riba), uncertainty (gharar), market manipulation, and other forms of injustice toward investors. This fatwa explicitly closes loopholes in practices leading to usury (riba), uncertainty (gharar), market manipulation, and other forms of injustice toward investors. The principle of ḥifẓ al-māl (protection of wealth) serves not only as a normative goal but also functions as an ethical and legal foundation for building an accountable and sustainable asset protection system. These findings indicate a shift from a normative approach toward a more applied approach in the formulation of contemporary Islamic financial fatwas. Contribution/limitations - This study bridges the gap between classical maṣlaḥah theory and modern financial practices. However, it remains normative in nature and has not yet been empirically tested. Originality - This study offers an original perspective on understanding the relevance of classical thought as a moral and legal foundation for strengthening the Islamic capital market system.